An Overview of Islamic Law Against Buy and Sell Sand of Kebon with a Liberation System in Mount Wurung, Mojokerto Regency
The research is a field research where primary data were obtained from direct interviews using descriptive analysis techniques with inductive mindset. The research focused on an overview of the practice of buying and selling sand garden using slash system. Results show that the practice of buying and selling with the blow system are found in rural areas, one of them is in the Mount Wurung Mojokerto district, i.e. buying and selling blow sand garden. The price is based on the area of land to be cleared. For example, land with an area of 1400 m2, was agreed by both parties at a price of Rp. 40 million. No provision for the period of sand mining until mining is completed, it can reach 2 to 3 years. Both landowners and buyer do not know the content of sand in the soil of the kebon, which means to buy and sell the sand there is a potential gharar (lack of clarity on both sides) that allows each of them suffered a loss or gain. It is evident that sand trading kebon with the system is not in accordance with Islamic law because the seller or buyer cannot estimate the content and quality of sand in the plot. According to Madhab Hanafi Imam the sale and purchase that contained a little gharar and jizaf, and according to Madhab the Shafi'i Imam it was not permitted because there was potential gharar which allowed each of them has a loss or profit.
Authors who publish with this journal agree to the following terms:
- Authors retain copyright and grant the journal right of first publication with the work simultaneously licensed under a Creative Commons Attribution-ShareAlike 4.0 International License that allows others to share the work with an acknowledgement of the work's authorship and initial publication in this journal.
- Authors are able to enter into separate, additional contractual arrangements for the non-exclusive distribution of the journal's published version of the work (e.g., post it to an institutional repository or publish it in a book), with an acknowledgement of its initial publication in this journal.
- Authors are permitted and encouraged to post their work online (e.g., in institutional repositories or on their website) prior to and during the submission process, as it can lead to productive exchanges, as well as earlier and greater citation of published work (See The Effect of Open Access).